The Complexities of Florida Car Accident Cases

January 21, 2022 | Firm News

More injuries are caused by automobile accidents in the US than any other cause – making personal injury lawsuits related to auto accidents very common.  Despite being common, these cases are incredibly complex and require high burdens of proof, an analysis of the degree of liability of each party and often a legal battle with insurance companies.

Ft. Lauderdale personal injury lawyer Jared K. Newman of Newman Injury Law explains the ins and outs of Florida car accident lawsuits and how an attorney can help.

Elements of a Successful Car Accident Lawsuit in Florida

if you’ve been injured in an accident, you can help your case by engaging an experienced car accident attorney as soon as possible.  You can also help our Hollywood, FL car accident attorney by gathering as much evidence (pictures, witnesses’ contact details etc.) as you safely can at the scene of an accident.  Once your Hallandale Beach car accident lawyer takes your case, here are the actions that must be taken to win compensation for your injuries.

Proving Negligence

When an accident occurs, there are several steps to proving liability. The first is to prove that the defendant in the case was supposed to protect the plaintiff and others from harm.

if this can be shown, the next step is to prove that the defendant did not uphold this duty even though they were supposed to. Failing to uphold this duty is the legal definition of negligence.

Then, and finally, in addition to all of the above, it must be shown that the plaintiff was actually injured and that the injury happened due to the negligence of the defendant. The degree to which this is the case is called liability.  Once this can be shown, it means that the defendant is liable for the injuries sustained by the plaintiff.

Measuring Comparative Liability

Of course, in practice the complexities of the real world are often less black and white than they are in a textbook.  Many accidents are caused by a combination of factors, and not just the negligence of one party.  Careful analysis of the accident, the state all parties were in when they were driving and the results of the accident will often reveal that there is shared negligence and/or shared liability.  We call this comparative liability, a concept at the core of many automobile personal injury cases in Florida.

In a comparative liability situation, the plaintiff shares some liability for their own injuries due to the extent of their own negligence.  For example, through careful analysis of the facts of the case, it could be determined that the plaintiff is liable for 30% of the injuries caused in the accident. In this scenario, the defendant could be liable for the remaining 70% of the damages caused in an accident.  Damages can include pain and suffering as well as lost income plus medical expenses. An experienced Miami car accident lawyer can fight on your side to prove the extent of the other party’s negligence, and determine the right level of liability for your injuries.

Facing the Insurance Companies

In many cases, when liability is determined, the insurance company of the at-fault side is required to pay for the injured parties’ damages.  Unfortunately, insurance companies sometimes act in bad faith and refuse to fully pay claims even when evidence shows they are required to do so.  In such cases, an experienced Florida car accident attorney will know when to settle with insurance companies and when to take the case to court.  Plaintiffs with experienced personal injury lawyers in Hallandale Beach on their side are more likely to win their case and get the compensation they deserve.

Were You Hurt in a Crash? Let Our South Florida Car Accident Lawyers Work for You

if you or a loved one has been injured in an accident – ensure you are safely out of harm’s way, call 9-1-1 then call the Newman Injury Law office of Jared Newman at 954-495-8500.  We will take your call 24/7 and immediately look into whether you have a case.  if so, our Hollywood, FL personal injury lawyers work on a contingency basis – meaning that we only charge a fee if we win your case.  No win, no fee. On your behalf, we’ll fight back and win big versus the insurance companies.

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